State v. Porterfield

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[Cite as State v. Porterfield, 2007-Ohio-2054.] THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY, OHIO STATE OF OHIO, : Plaintiff-Appellee, : -vs- : MEMORANDUM OPINION ERIC LEE PORTERFIELD, CASE NO. 2007-T-0017 : Defendant-Appellant. Criminal Appeal from the Court of Common Pleas, Case No. 00 CR 402. Judgment: Appeal dismissed. Dennis Watkins, Trumbull County Prosecutor, Administration Building, Fourth Floor, 160 High Street, N.W., Warren, OH 44481-1092 (For Plaintiff-Appellee). Eric Lee Porterfield, pro se, PID: 420-502, Southern Ohio Correctional Institution, P.O. Box 45699, Lucasville, OH 45699 (Defendant-Appellant). COLLEEN MARY O TOOLE, J., {¶1} On February 15, 2007, appellant, Eric Lee Porterfield, filed a notice of appeal from a judgment of the Trumbull County Court of Common Pleas issued on January 10, 2007, which denied his Motion to Dismiss for Lack of Adequate, Any Lawful Subject Matter Jurisdiction. {¶2} On February 20, 2007, appellee, State of Ohio, filed a motion to dismiss the appeal as being untimely pursuant to App.R. 4(A). {¶3} App.R. 4(A) states: {¶4} A party shall file the notice of appeal required by App.R. 3 within thirty days of the later of entry of the judgment or order appealed or, in a civil case, service of the notice of judgment and its entry if service is not made on the party within the three day rule period in Rule 58(B) of the Ohio Rules of Civil Procedure. {¶5} Appellant s appeal was due to be filed by February 9, 2007, and it was not filed until February 15, 2007. Thus, this court is without jurisdiction to review this matter pursuant to App.R. 4(A). {¶6} Therefore, appellee s motion to dismiss is granted, and the appeal is hereby dismissed. {¶7} Appeal dismissed. DIANE V. GRENDELL, J., MARY JANE TRAPP, J., concur. 2

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